8. Provided that conditions for access to and use of public telecommunications transport networks or services satisfy the criteria set out in paragraph 7, such conditions may include:
(a) a restriction on resale or shared use of such services;
(b) a requirement to use specified technical interfaces, including interface protocols, for interconnection with such networks or services;
(c) a restriction on interconnection of private leased or owned circuits with such networks or services or with circuits leased or owned by another person; and
(d) a licensing, permit, concession, registration or notification procedure which, if adopted or maintained, is transparent and applications filed thereunder are processed expeditiously.
Article 12-04. Conditions for the Provision of Enhanced or Value-Added Services
1. Each Party shall ensure that:
(a) any licensing, permit, concession, registration or notification procedure that it adopts or maintains relating to the provision of enhanced or value-added services is transparent and non-discriminatory, and that applications filed thereunder are processed expeditiously; and
(b) information required under such procedures is limited to that necessary to demonstrate that the applicant has the financial solvency to begin providing services or to assess conformity of the applicant's terminal or other equipment with the Party's applicable standards or technical regulations.
2. Neither Party may require a person providing enhanced or value-added services to:
(a) provide those services to the public generally;
(b) cost-justify its rates;
(c) file a tariff;
(d) interconnect its networks with any particular customer or network; or
(e) conform with any particular standard or technical regulation for interconnection other than for interconnection to a public telecommunications transport network.
3. Notwithstanding paragraph 2(c), a Party may require the filing of a tariff by:
(a) such provider to remedy a practice of that provider that the Party has found in a particular case to be anti-competitive under its law; or
(b) a monopoly to which Article 12-06 applies.
Article 12-05. Standards-Related Measures
1. Each Party shall ensure that its standards-related measures relating to the attachment of terminal or other equipment to the public telecommunications transport networks, including those measures relating to the use of testing and measuring equipment for conformity assessment procedures, are adopted or maintained only to the extent necessary to:
(a) prevent technical damage to public telecommunications transport networks;
(b) prevent technical interference with, or degradation of, public telecommunications transport services;
(c) prevent electromagnetic interference, and ensure compatibility, with other uses of the electromagnetic spectrum;
(d) prevent billing equipment malfunction;
(e) ensure users' safety and access to public telecommunications transport networks or services; or
(f) ensure efficient use of the electromagnetic spectrum.
2. A Party may require approval for the attachment to the public telecommunications transport network of terminal or other equipment that is not authorized, provided that the criteria for that approval are consistent with paragraph 1.
3. Each Party shall ensure that the network termination points for its public telecommunications transport networks are defined on a reasonable and transparent basis.
4. Neither Party may require separate authorization for equipment that is connected on the customerâs side of authorized equipment that serves as a protective device fulfilling the criteria of paragraph 1.
5. Each Party shall:
(a) ensure that its conformity assessment procedures are transparent and non-discriminatory and that applications filed thereunder are processed expeditiously;
(b) permit any technically qualified entity to perform the testing required under the Party's conformity assessment procedures for terminal or other equipment to be attached to the public telecommunications transport network, subject to the Party's right to review the accuracy and completeness of the test results; and
(c) ensure that any measure that it adopts or maintains requiring persons to be authorized to act as agents for suppliers of telecommunications equipment before the Party's relevant conformity assessment bodies is non-discriminatory.
6. No later than eighteen months after the date of entry into force of this Agreement, each Party shall adopt, as part of its conformity assessment procedures, provisions necessary to accept the test results from laboratories or testing facilities in the territory of the other Party for tests performed in accordance with the accepting Party's standards-related measures and procedures.
7. The Sub-Committee on Telecommunications Standards shall perform the functions set out in Article 8-11(4) (Committee on Standards-Related Measures).
Article 12-06. Monopolies
1. Where a Party maintains or designates a monopoly to provide public telecommunications transport networks or services, and the monopoly, directly or through an affiliate, competes in the provision of enhanced or value-added services or other telecommunications-related services or telecommunications-related goods, the Party shall ensure that the monopoly does not use its monopoly position to engage in anti-competitive conduct in those markets, either directly or through its dealings with its affiliates, in such a manner as to affect adversely a person of the other Party. Such conduct may include cross-subsidization, predatory conduct and the discriminatory provision of access to public telecommunications transport networks or services.
2. To prevent such anti-competitive conduct, each Party shall adopt or maintain effective measures, such as:
(a) accounting requirements;
(b) requirements for structural separation;
(c) tules to ensure that the monopoly accords its competitors access to and use of its public telecommunications transport networks or services on terms and conditions no less favourable than those it accords to itself or its affiliates; or
(d) tules to ensure the timely disclosure of technical changes to public telecommunications transport networks and their interfaces.
Article 12-07. Transparency
Further to Article 16-03 (Publication), each Party shall make publicly available its measures relating to access to and use of public telecommunications transport networks or services, including measures relating to:
(a) tariffs and other terms and conditions of service;
(b) specifications of technical interfaces with the networks or services;
(c) information on bodies responsible for the preparation and adoption of standards-related measures affecting such access and use;
(d) conditions applying to attachment of terminal or other equipment to the networks; and
(e) notification, permit, registration, certification, licensing or concession requirements.
Article 12-08. Relation to other Chapters
In the event of any inconsistency between this Chapter and another Chapter, this Chapter shall prevail to the extent of the inconsistency.
Article 12-09. Relation to International Organizations and Agreements
The Parties recognize the importance of international standards for global compatibility and interoperability of telecommunication networks or services and undertake to promote those standards through the work of relevant international bodies, including the International Telecommunication Union and the International Organization for Standardization.
Article 12-10. Technical Cooperation and other Consultations
1. To encourage the development of interoperable telecommunications transport services infrastructure, the Parties shall cooperate in the exchange of technical information, the development of government-to-government training programmes and other related activities. In implementing this obligation, the Parties shall give special emphasis to existing exchange programmes.
2. The Parties shall consult with a view to determining the feasibility of further liberalizing trade in all telecommunications services, including public telecommunications transport networks and services.
Chapter 13. TEMPORARY ENTRY FOR BUSINESS PERSONS
Article 13-01. Definitions
For the purposes of this Chapter:
business person means a citizen of a Party who is engaged in trade in goods, the provision of services or the conduct of investment activities;
citizen means "citizen" as defined in Article 2-01 (Definitions of General Application) but does not include permanent residents; and
temporary entry means entry into the territory of a Party by a business person of the other Party without the intent to establish permanent residence.
Article 13-02. General Principles
Further to Article 1-02 (Objectives), this Chapter reflects the preferential trading relationship between the Parties, the desirability of facilitating temporary entry on areciprocal basis and of establishing transparent criteria and procedures for temporary entry, and the need to ensure border security and to protect the domestic labour force and permanent employment in their respective territories.
Article 13-03. General Obligations
1. Each Party shall apply its measures relating to the provisions of this Chapter in accordance with Article 13-02 and, in particular, shall apply those measures expeditiously so as to avoid unduly impairing or delaying trade in goods or services or conduct of investment activities under this Agreement.
2. The Parties shall endeavour to develop and adopt common criteria, definitions and interpretations for the implementation of this Chapter.
Article 13-04. Grant of Temporary Entry
1. Each Party shall grant temporary entry to business persons who are otherwise qualified for entry under applicable measures relating to public health and safety and national security, in accordance with this Chapter, including the provisions of Annex 13-04 and 13-04(1).
2. A Party may refuse to issue an immigration document authorizing employment to a business person where the temporary entry of that person might affect adversely:
(a) the settlement of any labour dispute that is in progress at the place or intended place of employment; or
(b) the employment of any person who is involved in such dispute.
3. When a Party refuses pursuant to paragraph 2 to issue an immigration document authorizing employment, it shall:
(a) inform in writing the business person of the reasons for the refusal; and
(b) promptly notify in writing the other Party of the reasons for the refusal.
4. Each Party shall limit any fees for processing applications for temporary entry of business persons to the approximate cost of services rendered.
Article 13-05. Provision of Information
1. Further to Article 16-03 (Publication), each Party shall:
(a) provide to the other Party such materials as will enable it to become acquainted with its measures relating to this Chapter; and
(b) no later than one year after the date of entry into force of this Agreement, prepare, publish and make available in its own territory, and in the territory of the other Party, explanatory material ina consolidated document regarding the requirements for temporary entry under this Chapter in such a manner as will enable business persons of the other Party to become acquainted with them.
2. Each Party shall collect and maintain, and make available to the other Party in accordance with its domestic law, data respecting the granting of temporary entry under this Chapter to business persons of the other Party who have been issued immigration documentation, including data specific to each occupation, profession or activity.
Article 13-06. Temporary Entry Working Group
1. The Parties hereby establish a Temporary Entry Working Group, comprising representatives of each Party, including immigration officials, for the purpose of considering implementation and administration of this Chapter and measures of mutual interest.
2. The Working Group shall meet at least once each year to consider:
(a) the implementation and administration of this Chapter;
(b) the development of measures to further facilitate temporary entry of business persons on a reciprocal basis;
(c) the waiving of labour certification tests or procedures of similar effect for spouses of business persons who have been granted temporary entry for more than one year under Section B, Cor Dof Annex 13- 04; and
(d) proposed modifications of or additions to Annex 13-04 and 13-04(1) which, by consensus, shall be presented to the Commission in accordance with Article 17-01(3}(c) (Free Trade Commission).
Article 13-07. Dispute Settlement
1. A Party may not initiate proceedings under Article 18-05 (Commission - Good Offices, Conciliation and Mediation) regarding a refusal to grant temporary entry under this Chapter or a particular case arising under Article 13-03 unless:
(a) the matter involves a pattern of practice; and
(b) the business person has exhausted the available administrative remedies regarding the particular matter.
2. The remedies referred to in paragraph (1}(b) shall be deemed to be exhausted if a final determination in the matter has not been issued by the competent authority within one year of the institution of an administrative proceeding, and the failure to issue a determination is not attributable to delay caused by the business person.
Article 13-08. Relation to other Chapters
Except for this Chapter, Chapters 1 (Initial Provisions), 2 (General Definitions), 17 (Administration of the Treaty), 18 (Dispute Settlement) and 20 (Final Provisions) and Article 16-02 (Contact Points), 16-03 (Publication), 16-04 (Notification and Provision of Information) and 16-05 (Administrative Proceedings), no provision of this Agreement shall impose any obligation on a Party regarding its immigration measures.
Chapter 14. COMPETITION POLICY, MONOPOLIES AND STATE ENTERPRISES
Article 14-01. Definitions
For the purposes of this Chapter:
commercial considerations means consistent with normal business practices of privately-held enterprises in the relevant business or industry;
designate means to establish, designate or authorize, or to expand the scope of a monopoly to cover an additional good or service, after the date of entry into force of this Agreement;
discriminatory provision includes treating:
(a) a parent, a subsidiary or other enterprise with common ownership more favourably than an unaffiliated enterprise, or
(b) one class of enterprises more favourably than another, in like circumstances;
government monopoly means a monopoly that is owned, or controlled through ownership interests, by the national government of a Party or by another such monopoly;
market means the geographic and commercial market for a good or service;
monopoly means an entity, including a consortium or government agency, that in any relevant market in the territory of a Party is designated as the sole provider or purchaser of a good or service, but does not include an entity that has been granted an exclusive intellectual property right solely by reason of such grant;
non-discriminatory treatment means the better of national treatment and most-favoured-nation treatment, as set out in the relevant provisions of this Agreement; and
State enterprise means "State enterprise" as defined in Article 2-01 (Definitions of General Application), except as set out in Annex 14-01.
Article 14-02. Competition Law
1. Each Party shall adopt or maintain measures to proscribe anti-competitive business conduct and take appropriate action with respect thereto, recognizing that such measures will enhance the fulfilment of the objectives of this Agreement. To this end, the Parties shall consult from time to time about the effectiveness of measures undertaken by each Party.
2. Each Party recognizes the importance of cooperation and coordination among their authorities to further effective competition law enforcement in the free trade area. The Parties shall cooperate on issues of competition law enforcement policy, including mutual legal assistance, communication, consultation and exchange of information relating to the enforcement of competition laws and policies in the free trade area.
3. Neither Party may have recourse to dispute settlement under this Agreement for any matter arising under this Article.
4. No investor may have recourse to arbitration under Section C (Settlement of Disputes between a Party and an Investor of the Other Party) of Chapter 9 (Investment) for any matter arising under this Article.
Article 14-03. Monopolies and State Enterprises
1. For the purposes of this Article:
delegation includes a legislative grant, and a government order, directive or other act transferring to the monopoly, or authorizing the exercise by the monopoly of, governmental authority; and
maintain means established prior to the date of entry into force of this Agreement and existing on that date.
2. Nothing in this Agreement shall be construed to prevent a Party from designating a monopoly.
3. Where a Party intends to designate a monopoly and the designation may affect the interests of persons of the other Party, the Party shall:
(a) wherever possible, provide prior written notification to the other Party of the designation; and
(b) endeavour to introduce at the time of the designation such conditions on the operation of the monopoly as will minimize or eliminate any nullification or impairment of benefits in the sense of Annex 18-02 (Nullification and Impairment).
4. Each Party shall ensure, through regulatory control, administrative supervision or the application of other measures, that any privately-owned monopoly that it designates and any government monopoly that it maintains or designates:
(a) acts in a manner that is not inconsistent with the Party's obligations under this Agreement wherever such a monopoly exercises any regulatory, administrative or other governmental authority that the Party has delegated to it in connection with the monopoly good or service, such as the power to grant import or export licences, approve commercial transactions or impose quotas, fees or other charges;
(b) except to comply with any terms of its designation that are not inconsistent with subparagraph (c) or (d), acts solely in accordance with commercial considerations in its purchase or sale of the monopoly good or service in the relevant market, including with regard to price, quality, availability, marketability, transportation and other terms and conditions of purchase or sale. Differences in pricing between classes of customers, between affiliated and non-affiliated firms, and cross-subsidization are not in themselves inconsistent with the provision; rather, they are subject to this subparagraph when they are used as instruments of behaviour contrary to competition law;
(c) provides non-discriminatory treatment to investments of investors, to goods and to service providers of the other Party in its purchase or sale of the monopoly good or service in the relevant market; and
(d) does not use its monopoly position to engage, either directly or indirectly, including through its dealings with its parent, its subsidiary or other enterprise with common ownership, in anti-competitive practices in a non-monopolized market in its territory that adversely affect an investment of an investor of the other Party, including through the discriminatory provision of the monopoly good or service, cross-subsidization or predatory conduct.
5. Paragraph 4 does not apply to procurement by governmental agencies of goods or services for governmental purposes and not with a view to commercial resale or use in the production of goods or the provision of services for commercial sale.
6. Nothing in this Article shall be construed to prevent a monopoly from charging different prices in different geographic markets, where such differences are based on normal commercial considerations, such as taking account of supply and demand conditions in those markets.
Article 14-04. State Enterprises
1. Nothing in this Agreement shall be construed to prevent a Party from maintaining or establishing a State enterprise.
2. Each Party shall ensure, through regulatory control, administrative supervision or the application of other measures, that any State enterprise that it maintains or establishes acts in a manner that is not inconsistent with the Party's obligations under Chapter 9 (Investment) wherever such enterprise exercises any regulatory, administrative or other governmental authority that the Party has delegated to it, such as the power to expropriate, grant licences, approve commercial transactions or impose quotas, fees or other charges.
3. Each Party shall ensure that any State enterprise that it maintains or establishes accords non-discriminatory treatment in the sale of its goods or services to investments in the Party's territory of investors of the other Party.
Article 14-05. Committee on Trade and Competition
The Commission shall establish a Committee on Trade and Competition comprising representatives of each Party, which shall convene a least once a year. The Committee shall report and make recommendations to the Commission on matters regarding the relation between competition laws and policies and trade in the free trade zone.
Part Five. INTELLECTUAL PROPERTY
Chapter 15. Intellectual Property
Section A. Definitions and General Provisions
Article 15-01. Definitions
For the purposes of this Chapter:
Berne Convention means the Berne Convention for the Protection of Literary and Artistic Works, Paris Act of 24 July 1971;
Geneva Convention means the Geneva Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms, adopted in Geneva on 29 October 1971;
Paris Convention means the Paris Convention for the Protection of Industrial Property, Stockholm Act of 14 July 1967; and
Rome Convention means the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations adopted in Rome on 26 October 1961.
Article 15-02. Protection of Intellectual Property Rights
1. The intellectual property rights regulated in this Chapter are the copyrights, related rights, trademarks and designations of origins referred to in this Chapter.
2. Each Party shall grant in its territory to nationals of the other Party adequate and effective protection of the intellectual property rights referred to in this Chapter and ensure that measures to enforce those rights do not themselves become barriers to legitimate trade.
3. Each Party may implement in its domestic law more extensive protection of intellectual property rights than is required under this Agreement, provided that such protection is not inconsistent with this Agreement.
Article 15-03. Relation to other Intellectual Property Agreements
1. No provision of this Chapter, relating to intellectual property rights, shall derogate from existing obligations that the Parties may have to each other under the Paris Convention, the Berne Convention, the Rome Convention and the Geneva Convention.
2. For the purpose of granting adequate and effective protection and enforcement of the intellectual property rights referred to in this Chapter, the Parties shall give effect to, at a minimum, the substantive provisions of the Paris Convention, the Berne Convention, the Rome Convention and the Geneva Convention.